Note: The following Terms of Service apply to Matomo Cloud only and not to Matomo On-Premise which would be hosted on your own servers and therefore the Terms of Service isn’t needed.
By using the Matomo Analytics Cloud (“Service”) provided by InnoCraft (“Company”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). If you do not agree to these Terms of Service, do not use this Service. By accepting these Terms of Service below or by using the Service in any manner, you and the entity you represent (“Customer”) agree that you have read and agree to be bound by this agreement to the exclusion of all other terms.
Violation of any of the terms below may result in the termination of your account.
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You may create separate logins for other people according to your Service plan. Any separate login or person will be automatically bound to these Terms of Service and it is your responsibility to inform your users about these Terms of Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.
Payment, Refunds, Upgrading and Downgrading Terms
- Customer is billed automatically via credit card, PayPal, or invoiced for payment, depending on the Service plan.
- The number of Hits purchased by Customer in the Service plan must be used during the applicable term and any unused Hits at the end of such term are forfeited. For a Service plan purchased for a yearly term, the Hits can be used anytime during the year and the number of available Hits is twelve times the number of Hits in a month for the selected Service plan.
- In the event the usage of Hits exceeds the Service plan you selected during a term, the Company will charge additional overage fees and the Customer shall be obligated to pay any overage fees in the next term. The overage fees are displayed in your Account page in Matomo and on the pricing page at matomo.org/pricing.
- A Hit is defined as the total number of hits which is the sum of all Page views, Downloads, Outlinks, Events, Site searches, Content impressions and Content interactions.
- Upgrade or downgrade in the Service plan level will result in the new rate being charged at the next billing cycle.
- Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
- Fees paid hereunder are non-refundable.
- In the event Customer utilizes a third party system as part of its utilization of the Service, such as the SMS notifications, the Company reserves the right to pass through its costs of such service to Customer, and Customer agrees to pay such fees.
- Our online order process is conducted by our reseller Paddle.com. Paddle.com is the Merchant of Record for most of our orders. Paddle provides customer service inquiries and handles returns.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in Administration area of Matomo. The Account screen provides a simple no-questions-asked cancellation link.
- All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all Matomo content will be permanently deleted from all backups and logs. This information can not be recovered once it has been permanently deleted.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of the current billing cycle, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
- The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Matomo Cloud by InnoCraft at matomo.org/pricing or the Service itself.
- The Company shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Content Ownership, Copyright and Trademark
- You are solely responsible for any content and other material that you submit, publish, transmit, email, or display on, through, or with the Service.
- We claim no intellectual property rights over the material you provide to the Service.
- You may provide us with feedback, suggestions, and ideas about the Application Services (“Feedback”). You agree that we own all rights to use and incorporate the Feedback you provide in any way, including in future enhancements and modifications to the Service, without payment or attribution to you.
- “InnoCraft”, the InnoCraft logo, “Matomo”, the Matomo logo and any other product or service name or slogan displayed on the Service are trademarks of the Company or its affiliates, and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder.
Privacy and security of your data
- When you use the Service to measure mobile and web properties, InnoCraft will collect information from your users. You consent to our use of users data to provide you with the Service.
- Each party agrees to handle the other party’s data in accordance with (i) all applicable laws; and (ii) privacy and security measures reasonably adequate to preserve the other party data’s confidentiality and security.
- You own all right, title, and interest to your users data. We obtain no rights from you to your users data.
- You agree to comply with all applicable laws including all privacy and data protection regulations.
- InnoCraft’s processing of your users’ data is governed by the Matomo Cloud Data Processing Agreement (DPA), which forms an integral part of these Terms of Service.
- You agree to not use the Service to send to the Company sensitive information where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to the Company, any data subjects or third-parties. Sensitive Information includes, but is not limited to:
- Passwords, authentication/authorization credentials
- Information under regulatory or contractual handling requirements (e.g., PCI, HIPAA, and state and federal data security laws) including, but not limited to:
- Credit card information including credit card numbers, CIV numbers (three digit codes for Visa and MasterCard, four digit code for American Express) and magnetic stripe information
- Social Security Numbers
- Drivers License Numbers
- Passport Numbers
- Government Issued Identification Numbers
- Financial Account Information
- Health data
- Biometric data
- Personally identifiable information knowingly collected from children under the age of 13 or from online services directed toward children, and
- Real time geolocation data which can identify an individual.
- Business secrets deemed highly confidential (e.g., highly-confidential business strategies and communications, sensitive attorney-client privileged and confidential communications).
- You agree that the Company may monitor the activity of any account on the Service. Any such data shall be only used for the purpose of providing and improving the Service.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is provided by email to paying Customers. Email responses are provided on the reasonable effort basis without guaranteed response time.
- You understand that the Company may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose.
- You understand that the Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service.
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer may result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- This Agreement shall be governed by the laws of New Zealand, and the courts of New Zealand shall have exclusive jurisdiction to hear and determine all issues that may arise under or in relation to this Agreement.
- The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- The Company reserves the right to update and change these Terms of Service without notice. Customer will be notified by email of any material change.
- Questions about the Terms of Service should be sent to email@example.com
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Contact form: matomo.org/contact